THE STATE OF MAHARASHTRA versus PANKAJ JAGSHI GANGAR

Citation: [2021] 9 S.C.R. 307 · Decided: 03-12-2021 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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   [2021] 9 S.C.R. 307
307
THE STATE OF MAHARASHTRA
v.
PANKAJ JAGSHI GANGAR
(Criminal Appeal No. 1493 Of 2021)
DECEMBER 03, 2021
[M. R. SHAH AND SANJIV KHANNA, JJ.]
Penal Code, 1860 – ss.384,386,387 r/w. s.34 – Maharashtra
Control of Organised Crime Act, 1999 – s.23(1)(a) and s.21(4) –
Prosecution case that there was a organized crime by one
international gangster and it was also found that from time to time,
the respondent was paying the amount to such organized crime
syndicate and other gangs which they used to use the said amount
for taking help of other members by paying amount to them and it
was also found that the respondent was running the Matka business
– After investigation a charge sheet was submitted under the
provisions of the IPC as well as under the Maharashtra Control of
Organised Crime Act, 1999 (MCOCA) – The respondent-accused
filed the bail application before the Special Judge, which was
rejected – The Single Judge of the High Court was also not inclined
to grant any relief to the respondent and the application was
withdrawn – Thereafter, the accused filed writ petition before the
Division Bench of the High Court and sought to strike down
s. 23(1)(a) and s.21(4) of the MCOCA, as the said provisions were
unconstitutional and violative of Arts.14 and 21 of the Constitution
– The Division Bench of the High Court observed that the order
passed by the Additional Commissioner of Police granting approval
for invocation of the provisions of the MCOCA suffers from non
application of mind and granted interim relief to the respondent by
releasing the him on bail – On appeal, held: The High Court has
not at all considered the seriousness of the offences alleged against
the accused – After the investigation it was found that the respondent-
accused is running the Matka business; is providing funds to a
international gangster and his gangs; that the accused is arranging
funds for the expenses of purchasing weapons, information and he
is active member of organized crime syndicate – High Court has
not considered the allegations with respect to other offences under
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SUPREME COURT REPORTS
[2021] 9 S.C.R.
the IPC – High Court acquitted the accused for the offence under
the MCOCA at the interim relief stage and granted the final relief at
the interim stage exonerating the respondent from MCOCA, which
is wholly impermissible – This can be said to be forum shopping by
the accused which is highly deprecated and which cannot be
approved – Therefore, the impugned order passed by the Division
Bench of the High Court is quashed and set aside – Respondent-
accused directed to surrender and face trial.
Allowing the appeal, the Court
HELD: 1. At the outset, it is required to be noted that the
allegations against the respondent – accused are very serious in
nature i.e. offences under Sections 384, 386, 387 read with Section
34 of the IPC. On considering the material on record the
investigating agency has invoked the provisions of the
Maharashtra Control of Organised Crime Act, 1999 (MCOCA).
After investigation a charge sheet has been filed against the
accused for the offences under the IPC as well as under the
MCOCA. By the impugned order, the Division Bench of the High
Court has released the accused on bail that too by way of interim
relief. As per the law laid down by this Court in the catena of
decisions, the Division Bench ought not to have released the
accused on bail by way of interim relief [see the decision of this
Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. vs.
State of Maharashtra and Others (Criminal Appeal No.330 of 2021
decided on 13.04.2021)]. [Para 9][314-E-H]
2. It is required to be noted that while releasing the accused
on bail that too by way of interim relief the High Court has not at
all considered the seriousness of the offences alleged against
the accused. After the investigation it has been found that the
respondent – accused is running the Matka business; is providing
funds to a international gangster and his gangs; that the accused
is arranging funds for the expenses of purchasing weapons,
information and he is active member of organized crime syndicate.
By the impugned order, the High Court has observed that the
sanction to invoke the provisions of the MCOCA is bad in law as
there is no evidence on record. Therefore, even the High Court
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has not at all considered the allegations with respect to other
offences under the IPC. Even su

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